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2023 Supreme(All) 170

J. J. MUNIR
Preetam Signh – Appellant
Versus
Urmila Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Ram Singh.
For the Respondent: Deepali Srivastava Sinha, Amit Kumar Sinha, Siddarth Jaiswal, Vidya Kant Shukla.

JUDGMENT :

1. This judgement will dispose of FAFO No. 1111 of 2019 and FAFO No. 2886 of 2011.

2. Both the appeals relate to the same accident and arise out of the same impugned judgment and award dated 24.02.2011 passed by the Motor Accident Claims Tribunal / Additional District Judge, Court No. 14, Allahabad rendered in MACP No. 657 of 2008. Accordingly, both the appeals are being decided by this common judgment.

3. FAFO No. 1111 of 2019 shall be treated as the leading case and facts noticed from the said appeal. It must be mentioned at the outset that the leading appeal is by the owner upon whom liability to satisfy the impugned award has been fastened. The appeal seeks to absolve the owner and shift liability upon the Insurance Company. The connected appeal, that is to say, FAFO No. 2886 of 2011 has been preferred by the claimants seeking enhancement of the compensation awarded.

4. Heard Mr. Ram Singh on behalf of the appellant-owner, Mr. Siddharth Jaiswal, learned Advocate appearing on behalf of the respondent No. 4, the Insurance Company and Mr. Amit Kumar Sinha, learned Couns

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